[HISTORY: Adopted by the Board of Trustees of the Village of East
Aurora 12-21-1998 by L.L. No. 10-1998
(Chapter 85 of the 1972 Code). Amendments noted where applicable.]
The East Aurora Village Board hereby finds that there is a direct and
important relationship between the existence of trees in the Village of East
Aurora and the health, safety and welfare of the community. Trees preserve
air and water quality, provide shade to people and property, and enhance economic
and aesthetic property values. Trees stabilize soil, control air and water
pollution, and provide a natural habitat for wildlife.
As used in this chapter, the following terms shall have the meanings
indicated:
Trees in public parks.
Trees within the right-of-way of all streets, avenues or highways
within the Village.
A.
Creation and establishment. There shall be created and
established a Village Tree Board of the Village of East Aurora, New York,
which shall consist of seven residents of the Village, and two ex officio
members, comprised of one Village Board Member and one staff member, who shall
be appointed by the Mayor, subject to the approval of the Village Board. The
Tree Board shall annually elect a Chairperson and advise the Village Board
of the name of such Chairperson.
[Amended 11-4-2002 by L.L. No. 5-2002]
B.
Term of office. The term of the seven persons to be appointed
by the Mayor shall be three years, except that the term of two of the members
appointed to the first Board shall be for only one year and the term of two
members of the first Board shall be for two years. In the event that a vacancy
shall occur during the term of any member, his or her successor shall be appointed
by the Mayor for the unexpired portion of the term.
[Amended 11-4-2002 by L.L. No. 5-2002]
C.
Compensation. Members of the Board shall serve without
compensation.
D.
Duties and responsibilities. The Tree Board may consider,
research, advise, report, and recommend upon any matter or question pertaining
to the protection and enhancement of street and park trees. The Tree Board
will strive to raise consciousness of the importance of trees to the Village.
Meetings of the Tree Board shall be called by the Chairperson.
A.
Damage and/or removal. Protection of mature street and
park trees shall be a priority. Trees of desirable species and good health
shall be protected as much as possible from damage and/or removal during construction,
sidewalk repair, utility work above and below ground and other similar activities.
B.
Public tree care. The Village shall have the right to
plant and maintain trees within the right-of-way of all streets, avenues,
highways and on public grounds, as may be necessary to enhance the beauty
of such public grounds.
A.
The Department of Public Works and the East Aurora Tree
Board shall develop and maintain a list of desirable trees for planting along
streets in two size classes based on mature height: small (under 20 feet)
and large (over 20 feet). Efforts shall be made to ensure a sufficient diversity
of tree species. A list of trees not suitable for planting will also be maintained.
B.
The spacing of trees shall be in accordance with the
two species size classes listed in this chapter, and no new trees may be planted
closer than the following: small trees 20 feet, large trees 30 feet, except
in special plantings designed or approved by a landscape architect, or at
the discretion of the Department of Public Works with the advice of the Tree
Board.
C.
No new street trees may be planted closer than two feet
from any curb or sidewalk except at the discretion of the Department of Public
Works with the advice of the Tree Board. No new street trees shall be planted
closer than 10 feet from any fire plug.
No person shall cut, mar or otherwise injure any shade tree planted
or growing in or along the streets of said Village, or hitch any horse or
other animal thereto; provided, however, that the Village of East Aurora Department
of Public Works, or a person authorized in writing by the Village of East
Aurora Department of Public Works, may cut or trim trees growing in or along
the streets of the Village of East Aurora where such trimming or cutting is
required to preserve the public health, safety and/or welfare.
A.
It shall be unlawful for any person, firm or other entity
to top any street or park tree. "Topping" is defined as the cutting back of
limbs to stubs larger than three inches in diameter with the tree's crown
to such a degree so as to remove the normal canopy and disfigure the tree.
Trees severely damaged by storms or other causes, or trees under utility wires
or other obstructions where other pruning practices are impractical shall
be exempted from this section at the determination of the Department of Public
Works. The Department of Public Works will notify the Tree Board if an exception
does occur.
B.
The Department of Public Works shall have the right to
prune any street tree within the right-of-way for the following reasons:
A.
The Village shall have the right to cause the removal
of any dead or diseased trees on private property within the Village, when
such trees constitute a hazard to life and property or harbor insects or disease
which constitute a potential threat to other trees within the Village. The
Village may notify, in writing, the owners of the property and such trees.
Removal shall be done by said owners within 60 days after the date of service
of notice. In the event of failure of owners to comply with such notice, the
Village, or its authorized representative, shall have the authority to remove
such trees and charge the cost of removal on the owners and levy the same
on subsequent tax bills.
B.
The Village Department of Public Works may remove or
cause or order to be removed, any tree or part thereof on public property
which is in an unsafe condition or which by reason of its nature is injurious
to sewers, electric power lines, gas lines, water lines or other public improvements.
Trees removed by the Department of Public Works or by natural causes shall
be replaced on a one-for-one basis within one year. The location and species
of any replacement tree shall be determined by the Department of Public Works
with the advice of the Tree Board in consultation with the owners of the property
where such trees are located.
C.
All stumps of street and park trees shall be removed
below the surface of the ground so that the top of the stump shall not project
above the surface of the ground.
No person shall fasten any sign, wire, rope or other material to or
around or through any street or park tree in the Village of East Aurora, except
by written permission from the Department of Public Works, excepting cases
of emergency.
The Village Board will have the right to review any decisions regarding
trees.
[Amended 3-14-2006 by L.L. No. 1-2006]
Violations of any of the provisions of this chapter shall be punishable
by a fine of not more than $250 or by imprisonment for not more than 15 days,
or both. Each day's continuance of a violation after notice shall be
deemed a separate and distinct violation and shall be punishable accordingly.
[Amended 11-4-2002 by L.L. No. 5-2002]
This chapter may be amended by resolution by the Village Board of Trustees.
This chapter shall become effective November 4, 2002.
